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(영문) 서울동부지방법원 2014.04.25 2013고합389
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From March 2006 to May 30, 2009, the Defendant was engaged in the management of the accounts and accounting books of the said company as an employee in charge of accounting of the victim victim AE (hereinafter referred to as the "victim Company") with the victim D's 21th and 2nd class D, Yongsan-gu, Seoul.

On April 14, 2009, the Defendant embezzled by arbitrarily transferring the sum of KRW 965 million between 40,000,000 from the deposit account in the name of the said company to the F’s account while managing the deposit account of the victim company in the course of business. From around that time to May 30, 2009, the Defendant embezzled by arbitrarily transferring the sum of KRW 965,000,000 to 40 times, as shown in the separate crime list, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on trading lists by account;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Articles 356 and 355 (1) of the Criminal Act for the crime concerned;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Application of the sentencing criteria [Scope of recommending punishment] Type 3 (20 million won to five billion won) and basic area (2 years to five years);

2. In this case, the Defendant’s arbitrary withdrawal of funds from the account of the victim company that the Defendant managed and embezzled them, and in light of the fact that the total amount of embezzlement reaches KRW 965 million, and that considerable damage was not recovered and that there seems to be no possibility of recovery in the future, the Defendant should be punished strictly.

However, among the embezzlement amounting to KRW 965 million, KRW 368 million has been deposited in the account of the victim company again, the defendant recognized all of the crimes and reflects them in depth, and the defendant is considered as favorable to the fact that there is no record of criminal punishment except for those sentenced once to a fine due to drinking driving, and is other crimes of this case.

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